A.
Visibility at intersections. On a corner lot nothing other than fences, etc., as noted in § 124-13B shall be erected [except street signs, utility poles, traffic signs or trees whose branches are trimmed to a height of ten (10) feet], placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half (21/2) and ten (10) feet above the center-line grades of the intersection streets in the area bound by the street center lines of such intersecting streets and a line joining the street center lines at a distance of seventy (70) feet from the point of intersection.
B.
Fences, walls and hedges. Fences, walls and hedges shall be permitted in any yard; provided, however, that no fence, wall (except retaining walls) or hedge in any yard fronting on a street shall be over 36 inches in height except as allowed in Subsection B(1). Fences exceeding 36 inches shall be permitted, provided that said fence contains an open area of not less than 75%. This provision shall not restrict the Council or Zoning Hearing Board from establishing specific conditions of approval for screening of conditional uses or special exceptions.
[Amended 2-6-2007 by Ord. No. 287]
(1)
Fences exceeding 36 inches in height shall be permitted
on comer lots in the side yard adjacent to a street from the rear
lot line to the nearest roofed portion of the building on the lot;
or, if there is no building situated on the lot, to a point halfway
between the front and rear lot lines.
(2)
Refer to § 124-15B(1) for setback exemption for fences and walls.
C.
Corner lots. On every corner lot there shall be provided
on each side thereof, adjacent to a street, a yard equal in depth
to the required front yard of the prevailing zoning district in which
the corner lot is located. The side corresponding to the mailing address
of the property shall be considered to be the front yard.
[Amended 10-2-2007 by Ord. No. 292]
D.
Erection of more than one (1) principal structure
or building on a lot. In any district, more than one (1) structure
or building housing a permitted principal use may be erected on a
single lot, provided that area, yard and other requirements of this
chapter shall be met for each structure or building as though it were
on an individual lot, unless otherwise regulated by this chapter.
[For example, if the minimum lot size is five thousand (5,000) square
feet and two (2) principal structures are proposed, then the minimum
lot area required is ten thousand (10,000) square feet.] Such proposals
shall also be subject to the land development provisions of the borough's
Subdivision and Land Development Regulations.[1]
E.
Exceptions to height regulations. The height limitations
contained herein do not apply to spires, clock towers, microwave towers,
cupolas, silos, antennas, flagpoles, water tanks, ventilators, chimneys,
television or radio towers, elevators or stair bulkheads or other
similar appurtenances usually required to be placed above the roof
level and not intended for human occupancy.
F.
Buildings to have access. Every building hereafter
erected or moved shall be on a lot adjacent to a public street or
a private street approved by the borough, and all buildings shall
be located on lots so as to provide safe and convenient access for
servicing, fire protection and required off-street parking.
G.
Lots in two (2) districts. Where a district boundary
line divides a lot in single or joint ownership of record at the time
such line is established, the less-restricted portion of such lot
shall extend not more than thirty (30) feet into the more-restricted
portion, provided that the lot has frontage on a street in the less-restricted
district.
H.
Front yard exceptions. When an unimproved lot is situated
between two (2) improved lots with front yard dimensions less than
those required for the district, the front yard required may be reduced
to a depth equal to the average of the two (2) adjoining lots; provided,
however, that in no case shall the front yard be reduced by more than
fifty percent (50%) of the required front yard for that district.
It is the intent of this section to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation except for a permitted sign and required parking. Any home occupation or expansion of a home occupation shall be a conditional use, and in addition to the criteria in § 124-44 and all other applicable standards of this chapter, the following standards shall apply:
A.
The home occupation(s) must be clearly incidental
and secondary to the use of the dwelling as a residence.
B.
The total area used by all home occupations on the
premises does not exceed twenty-five percent (25%) of the gross floor
area of the dwelling unit, including basement, and accessory structures
as existed at the effective date of this chapter, but not to exceed
five hundred (500) square feet in any case.
C.
No outdoor display or display visible from outdoors
or outdoor storage of materials, goods, products, supplies or equipment
used in the home occupation(s) shall be permitted.
D.
There shall be no visible evidence that the residence
is being operated as a home occupation except for the permitted sign
and required parking area.
E.
The home occupation(s) shall be conducted only by
a member of the family residing in the dwelling, and not more than
one (1) person other than residents of the dwelling shall be employed
on the premises.
F.
Off-street parking shall be provided on the premises
as required by this chapter to prevent parking on any public or private
right-of-way.
G.
No home occupation use shall generate nuisances such
as traffic, noise, vibration, glare, odors, fumes, electrical interference
or hazards to any greater extent than what is usually experienced
in the residential neighborhood.
H.
No goods or items for retail or wholesale sale shall
be permitted except for art, craft or similar items produced or created
on the premises, and the display area for the same shall not exceed
one hundred fifty (150) square feet. Mail order or sales businesses
not involving customer contact on the premises or wholesale brokering
not involving stock on the premises shall be permitted.
I.
The professional practice of medicine, dentistry,
architecture, law and engineering, artists, beauticians, barbers and
veterinarians and similar types of professional practice uses shall
be limited to practitioners who reside on the premises.
K.
The Borough Council may require documentation that
adequate sewage disposal will be provided for the proposed home occupation.
A.
Detached building. No detached accessory building
or structure shall be erected in any required front yard.
B.
Accessory buildings. All detached accessory buildings or structures, and all television satellite reception dishes, shall maintain a rear yard setback of two feet and a side yard setback of two feet except as allowed in § 124-13B(1). All accessory buildings or structures attached to the principle structure shall meet all required setbacks for the principal structure.
[Amended 11-14-1995 by Ord. No. 248; 2-6-2007 by Ord. No.
287]
(1)
Unless specifically noted, the setback provisions
of this chapter shall not apply to fences or walls. (NOTE: When issuing
zoning permits for fences or walls to be placed on the property line,
it’s suggested that the Zoning Officer make recommendation to
the property owner to discuss the proposed structure with the owner
of the neighboring property, since maintenance is likely to be needed
on both sides, and if the fence/wall is placed on the property line,
that would typically need to be done from the neighboring property.)
C.
Swimming pools. Aboveground swimming pools that are
designed to contain a water depth of 24 inches or more must be located
in a rear or side yard only, not less than four feet from the side
or rear lines. Below-ground pools that are designed to contain a water
depth of 24 inches or more must be located in a rear or side yard
only, not less than 10 feet from side or rear lines. All such pools
shall be considered accessory structures and shall require a zoning
permit. Below-ground pools shall be entirely enclosed with a permanent
fence not less than four feet in height of a design to restrict access
to the pool, and such fence shall contain a gate that can be locked.
Aboveground pools shall be equipped with retractable or removable
ladders. Access to all pools shall be restricted when not in use.
[Amended 8-5-2008 by Ord. No. 305]
A.
Permits required. No sign shall be erected, altered or relocated except in conformity with this chapter until a permit, if required, for the same has been issued by the Zoning Officer. For the purpose of this § 124-17, "alter" shall include any change in size, height, or wording due to change in business name or change in the business that the sign represents, and “relocate” shall include any change in the physical location of the sign. The repainting, changing of parts and preventative maintenance of signs shall not require a permit.
[Amended 10-2-2007 by Ord. No. 298]
B.
Signs requiring no permits. The following signs shall
be permitted in all districts and no permits shall be required.
(1)
Signs advertising the sale or development of the premises
upon which they are erected and signs bearing the words "sold" or
"rented" or similar phrases, together with the name of the person
effecting sale or rental. Although a permit is not required, the following
standards shall apply to all such signs:
(a)
The surface area of each sign face shall not
exceed six (6) square feet.
(b)
Not more than two (2) signs shall be placed
on any one (1) premises.
(c)
Such signs are not illuminated.
(d)
Such signs shall be removed within fourteen
(14) days after completion of the project or the sale, rental or lease
of the subject property.
(2)
Signs to provide for the normal and safe flow of traffic
into and out of the place of business such as entrance, exit and parking
signs. Such signs shall not be of a size greater than necessary for
persons of normal visual acuity to observe and shall contain no advertising
material.
(3)
Signs of mechanics, painters and other artisans, which
may be erected and maintained during the period such persons are performing
work on the premises on which such signs are erected, provided that
the surface area of each sign face does not exceed twelve (12) square
feet and such signs are removed promptly upon completion of the work.
(4)
Trespassing signs or signs indicating the private
nature of a driveway or property, provided that the size of any sign
shall not exceed two (2) square feet.
(5)
Business signs.
[Added 10-2-2007 by Ord. No. 300]
(a)
Signs, not exceeding two square feet in size,
and one per business entrance, which indicates whether the subject
business is open or closed. Flags may be used for this purpose if
hung from a vertical pole and are permitted to drape naturally from
that pole. Flags displayed in this manner may not exceed three feet
by five feet in size, and they do not hinder sight distances or infringe
on pedestrian traffic, and are limited to one flag per business.
(b)
Signs, not exceeding two square feet in size,
and one per business entrance, which indicate hours of operation of
the subject business.
(6)
Legal notices: identification, informational or directional
signs erected or required by governmental bodies; official traffic
signs and signals; other state, county, school district or municipal
government signs.
[Amended 10-2-2007 by Ord. No. 296]
(7)
Signs offering the sale of farm products or nursery
products raised on the premises, provided that the area of any such
sign shall not exceed six (6) square feet and not more than one (1)
such sign shall be erected on any one (1) premises.
C.
General sign regulations. The following regulations
shall apply to all signs:
(1)
With the exception of billboards, a sign shall be
permitted only in connection with the permitted use on the premises.
(2)
All signs shall be removed when the reasons for their
erection no longer apply. The Zoning Officer may identify such signs
and notify the property owner of the violation and establish a reasonable
time period for the removal of the sign. If such sign is not removed
within said time period, the property owner shall be subject to the
fines and penalty provisions for violation of this chapter.
(3)
Signs shall be permitted on the roof or above the
roofline of the building to which they are attached, but shall not
exceed the maximum building height permitted for the district.
(4)
(Reserved)
(5)
Signs other than official traffic signs shall comply
with the required setbacks as established for principal structures
in the subject zoning district.
(6)
Signs other than official traffic signs and signs permitted by § 124-17C(3) shall not project into, onto or over any public right-of-way or alley and shall not be erected, installed, maintained or replaced so as to be a hazard to the users of a public right-of-way or alley.
(7)
No signs shall be erected, installed or maintained
in a location which will constitute an obstruction to vision or endanger
the safety of the traveling public.
(8)
No sign, except a public sign, visible from a public
street shall use the words "stop," "danger" or any other word, phrase,
symbol or character which could be interpreted by a motorist as being
a public safety warning or traffic sign.
(9)
No sign shall be so constructed, erected or located
which would create a safety hazard by obstructing the visibility of
a motorist or pedestrian proceeding along the public way or entering
or leaving a parking lot or any road intersection.
(10)
No revolving or any other type of moving animated
or electronic message sign shall be permitted with the exception of
barber poles and time and temperature indicators. However, electronic
message signs shall be permitted provided the display face of the
sign does not exceed three square feet in size, and the viewing angle
of the sign is not directly visible to the motoring public. Signs
will have to be parallel to the facing roadway and attached to the
building or inside a window.
[Amended 10-2-2007 by Ord. No. 297]
(11)
No sign shall be attached to any tree, fence
or other object not specifically intended for sign support except
for "no trespassing" signs, legal warning or other private signs not
exceeding two (2) square feet in surface area and conforming yard
sale signs. No sign shall be attached to any utility pole.
(12)
Freestanding signs and sign structures shall
not exceed a height of twenty (20) feet from the average natural grade
measured to the top of the sign.
(14)
Signs shall be constructed of durable material
and be maintained in good condition.
(15)
Signs shall be illuminated only by a steady,
stationary (excepting for indicators of time and temperature), shielded
light source directed solely at the sign or internal to it, without
causing glare for motorists, pedestrians or neighboring premises.
No interior or exterior light shall be permitted that by reason of
intensity, color, location, movement or direction of its beam may
interfere with public safety. This shall include flashing, oscillating
and spot lights when improperly placed. No sign shall resemble traffic
signals.
D.
Business and institutional signs. Freestanding, overhanging
and facade signs shall be permitted for the identification of any
business, profession, manufacturing plant or other commercial establishment
(hereinafter referred to as "business") or any public or semipublic
use, school, church, hospital or similar institution (hereinafter
referred to as "institution") which is permitted in accord with this
chapter. Such signs may only be placed on and maintained by the owner,
lessee or occupant of land upon which is located the main office or
principal place of business or institution or where a branch office,
store, warehouse or other principal permitted facility is maintained
by said owner, lessee or occupant. In the case of freestanding and
overhanging signs, advertising material may be shown on each side
of the sign.
(1)
Freestanding signs. In cases where a freestanding
sign is used, no overhanging sign shall be permitted. Not more than
one (1) freestanding sign shall be permitted along each road frontage
of the subject parcel. The surface area of each sign face shall not
exceed two (2) square feet for each linear foot of horizontal building
facade length along the road frontage, but not to exceed eighty (80)
square feet.
(2)
Overhanging signs. In cases where an overhanging sign is used, no freestanding signs shall be permitted. Not more than one (1) overhanging sign shall be permitted for each business or institution premises. However, an overhanging sign may be used along each public road right-of-way which the subject parcel abuts. The surface area of each sign face shall not exceed twelve (12) square feet. The minimum horizontal distance between overhanging signs on adjoining structures shall not be less than six (6) feet, and no overhanging sign shall be erected above or below another overhanging sign except in accord with § 124-17H. The lowest part of any overhanging sign projecting over a public sidewalk or walkway shall be at least ten (10) feet above the sidewalk or walkway grade and shall conform to front yard setbacks; however, maximum projection shall not exceed six (6) feet, and in no case shall any overhanging sign project into any public road right-of-way except on Pennsylvania Avenue if the proper permit is obtained from the Pennsylvania Department of Transportation.
(3)
Facade sign. In addition to the signs permitted in Subsection D(1) and (2) of this subsection, business or institution signs may be attached to the facade of the principal structure. Said signs shall only be attached to the facade of the building which abuts a public road right-of-way, unless the front entrance(s) of the individual business(s) face the driveway or parking area of the building, in which case, said sign may be attached to that facade instead. Said signs shall be attached directly to and in the same plane of the facade and shall not project more than six inches from the facade. The total aggregate surface of the sign(s) shall not exceed 5% of the facade area along the road frontage, but not to exceed a maximum of 100 square feet.
[Amended 10-2-2007 by Ord. No. 299]
(4)
Sign text. The text on any sign permitted by this Subsection D shall not contain information or advertising for any product not sold or any service not provided on the premises.
(5)
Canopies and awnings. In addition to the other signs permitted by this Subsection D, a canopy or awning shall be permitted, provided that the lowest part of the canopy or awning is not less than eight (8) feet above the sidewalk and bears no text or other advertising except the name of the business or institution and shall be fully supported by attachment to the building, and no posts to the sidewalk or which encroach on the sidewalk or into any public road right-of-way shall be permitted.
(6)
Bulletin boards. One (1) bulletin board sign, not
to exceed twelve (12) square feet in surface area for each sign face,
shall be permitted for schools, churches, public buildings and similar
institutional uses, said sign to be used solely for the display of
information applicable only to the subject use.
(7)
Directional signs. Signs giving directions to institutional
or business establishments (but not including home occupations) not
located on Pennsylvania Avenue, provided that the sign surface area
does not exceed four (4) square feet. Such signs shall be limited
to one (1) per establishment, and the written permission of the property
owner upon whose premises the sign is erected shall be required.
E.
Billboards. The following regulations shall apply
to all billboards:
(1)
Billboards shall comply with all applicable state
and federal regulations governing outdoor advertising.
(2)
Billboards shall be permitted in the C-2 District
only.
(3)
A billboard may only be erected on a lot or parcel
of property which fronts on Pennsylvania Avenue.
(4)
Not more than one (1) billboard shall be erected on
any lot or parcel of property; and in no case shall a billboard be
located closer than three hundred (300) feet to any other billboard.
(5)
No billboard shall exceed two hundred (200) square
feet in surface area.
(6)
All billboards shall maintain a side yard setback
of not less than twenty-five (25) feet and shall be located not less
than thirty (30) feet nor more than seventy-five (75) feet from the
adjoining public road right-of-way line.
(7)
No billboard shall be attached to or erected on any
other building or structure.
F.
Home occupation signs. Home occupation or nameplate
signs displaying the name and address of the occupant or the profession
or activity of the occupant of a dwelling unit shall be permitted,
provided that not more than one (1) such sign shall be erected on
any premises. The surface area of each sign face shall not exceed
two (2) square feet, and the sign shall meet the setback requirements
for principal structures in the subject district.
G.
Residential development and multifamily project signs.
The following signs shall be permitted:
(1)
Freestanding real estate signs for advertising the
sale or rental of the premises upon which the sign is erected, provided
that the sign surface area does not exceed thirty-two (32) square
feet and that there shall be no more than one (1) such sign on any
one (1) lot on the same street frontage. For the purpose of this chapter,
multifamily dwelling units shall not be advertised by such real estate
signs for more than twelve (12) months after building construction
is completed.
(2)
Directional signs, not to exceed a surface area of
two (2) square feet, erected within the project to direct persons
to a rental office or sample apartment.
(3)
Facade signs to identify the individual buildings
within the project, provided that such signs do not exceed six (6)
square feet and are limited to one (1) per building and are attached
to the building facade.
H.
Shopping center or multiple commercial or institutional
occupant signs.
(1)
One (1) freestanding sign identifying the multiple
occupant building is permitted on the premises of such project, provided
that the sign surface area does not exceed thirty-two (32) square
feet.
(2)
One (1) sign identifying each business or profession
located in the building is permitted, provided that the sign surface
area does not exceed ten (10) square feet. Such signs shall be attached
to the same frame as the project sign.
I.
Temporary signs. The following temporary signs shall
be permitted upon obtaining a permit:
(1)
Special advertising or business identification signs
or banners not exceeding thirty-two (32) square feet in total surface
area, including but not limited to signs announcing to the general
public any special events such as commercial sales days, cultural
or entertainment attractions or charitable activities. Such signs
shall not be erected more than one (1) week prior to the activity
and shall be permitted for the length of the activity, but in no case
exceeding twenty-one (21) days; and not more than three (3) such signs
shall be permitted for any establishment in any calendar year.
(2)
Temporary signs announcing a nonpolitical campaign,
drive or event of a civic, nonprofit, educational or religious organization,
provided that such sign shall not exceed 120 square feet in sign surface
area. Such signs shall not be erected more than two weeks prior to
the function and shall be removed immediately upon the completion
of the function, If not located on the premises of the advertising
organization, such signs shall require the written permission of the
property owner upon whose premises the sign is erected.
[Amended 7-6-2004 by Ord. No. 275]
J.
Nonconforming signs.
(1)
Nonconforming signs shall be those signs not in compliance
with this chapter and existing prior to the effective date of this
chapter or any amendments hereto.
(2)
No nonconforming sign shall be changed, expanded or
altered in any manner, including but not limited to sign area, location
and/or height, except to bring the sign into conformity. No nonconforming
sign shall be moved in whole or in part to any other location where
it would remain nonconforming.
(3)
Termination of nonconforming signs.
(b)
Termination by abandonment. Any nonconforming
sign structure, the use of which as a sign is discontinued for a period
of forty-five (45) consecutive days, regardless of any intent to resume
or not to abandon such use, shall be presumed to be abandoned and
shall not thereafter be reestablished except in full compliance with
this chapter.
(c)
Termination by damage or destruction. Any nonconforming
sign damaged or destroyed, by any means, to the extent of one-third
(1/3) of its replacement cost new shall be terminated and shall not
be restored.
K.
Nuisance signs.
(1)
No owner of any sign or lessee or owner of any land
upon which the sign is located shall permit such sign to become unsightly
or in disrepair so as to endanger the public or to become a public
nuisance.
(2)
In the event that such a nuisance sign is not repaired
or properly restored or removed within thirty (30) days after written
notice has been given to the owner of the sign or the owner or lessee
of the land upon which the sign is located, the Borough Council may
institute appropriate actions to prevent the violation or abate the
nuisance.
L.
Political signs. The erection of political campaign signs advertising a candidate for a governmental election shall be permitted in any district in accord with the standards in this § 124-17. All such signs shall be removed within seven (7) days following the election for which the signs were erected.
M.
Recreational districts.
(1)
Advertising signs and other signs authorized by the
Borough Council shall be permitted in R Recreation Districts, provided
that the surface area of each sign face does not exceed fifty (50)
square feet, and provided that permission as to the location, nature
and content thereof is first obtained from Borough Council by resolution
duly adopted.
(2)
All other signs shall be permitted in R Recreation
Districts, provided that they do not exceed thirty-two (32) square
feet in size.
A.
Availability of facilities. Off-street parking, loading and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way. The following parking requirements shall not apply to nonresidential uses in the General Commercial District; however, all residential uses in the General Commercial District shall comply with the requirements of this § 124-18.
B.
Size and design of parking spaces. Parking shall be provided in accord with an overall parking plan which takes into consideration access design and control, size and shape of the parking area, types of vehicles using the parking area, traffic patterns and other applicable considerations. At the minimum, all parking areas shall be designed in accord with the standards in this Subsection B and shall in all cases be adequate in size and design for the vehicles for which its use is intended.
(1)
The net parking space per vehicle shall be not less
than nine (9) feet wide and nineteen (19) feet long.
(2)
Garages and carports not in the public right-of-way
may be considered parking spaces.
(3)
All dead-end parking lots shall be designed to provide
sufficient backup area for the end stalls of the parking area.
(4)
No more than fifteen (15) contiguous spaces shall
be permitted in any continuous row without interruption by landscaping.
(5)
No more than sixty (60) parking spaces shall be accommodated
in any single parking area.
(6)
No more than two (2) interconnected parking areas
shall be permitted without having direct access to a public street
or a private street meeting borough street standards.
C.
Lighting. Any lighting used to illuminate any off-street
parking shall be so arranged as to reflect the light away from adjoining
premises and public rights-of-way.
D.
Public rights-of-way. Parking, loading and unloading
of vehicles shall not be permitted on public rights-of-way, except
in designated areas and in accord with borough parking regulations.
Parking areas shall not be designed or located so as to require or
encourage cars to back into a public or private street in order to
leave the lot.
E.
Reduction of existing parking. Off-street parking
facilities existing at the effective date of this chapter shall not
subsequently be reduced to an amount less than that required under
this chapter.
F.
Number of spaces to be provided.
(1)
Any structure or building which is not exempted by Subsection A, which hereafter is erected, converted or enlarged for any of the following uses, or any open area hereafter used for commercial purposes shall be provided with off-street parking spaces adequate to serve such use but with not fewer than the minimum spaces as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.
(2)
For projects involving more than one (1) use and/or
structure, the total number of parking spaces required shall be determined
by summing the number of spaces for each individual use. In cases
where the specific use of space cannot be identified as, for example,
in multiple occupant commercial buildings or shopping centers, parking
shall be provided at the rate of one (1) space per two hundred (200)
square feet of gross floor area of the building.
(3)
Parking for the handicapped shall be provided in accord
with state requirements.
(4)
Should the applicant provide evidence that the number of parking spaces required by this section is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced as a conditional use by a maximum of fifty percent (50%), provided that sufficient and suitable area is dedicated to future parking to meet the normal standards in this § 124-18 and the applicant shall agree, in writing, to install the parking at the direction of the Borough Council. Reserve parking areas shall be included in the calculation of lot coverage area. Parking facilities used jointly by two (2) or more principal uses shall be considered conditional uses.
|
Use
|
Parking Spaces Required
| |||
|---|---|---|---|---|
|
Dwellings
| ||||
|
One- and two-family
|
2 per dwelling unit
| |||
|
Multifamily
|
2 per dwelling unit
| |||
|
Homes for handicapped or infirm, nursing homes,
group care homes, halfway houses and similar uses
|
3 per every 5 beds
| |||
|
Hotels, motels, boarding and tourist homes,
bed-and-break- fast establishments and other uses providing overnight
accommodations
|
1 per bedroom, plus 1 per employee on the largest
shift
| |||
|
Sales and rental of goods, merchandise and equipment
| ||||
|
Retail establishments
|
1 per 200 SFGFA
| |||
|
Wholesale establishments
|
1 per 400 SFGFA
| |||
|
Offices, research facilities and services not
primarily related to goods
| ||||
|
Serving customers or clients on premises such
as attorneys, physicians, insurance and travel agents
|
1 per 200 SFGFA
| |||
|
Drive-in banks
|
1 per 200 SFGFA, plus reservoir lane capacity
equal to 5 spaces per drive-in window
| |||
|
Serving little or few customers or clients on
premises, such as corporate offices
|
1 per 400 SFGFA
| |||
|
Manufacturing, processing, renovating, assembling
goods, merchandise and equipment
|
1 per 400 SFGFA
| |||
|
Educational, cultural, religious, social, fraternal
uses
| ||||
|
Public schools
| ||||
|
Elementary and middle schools
|
1.75 per classroom
| |||
|
High schools
|
5 per classroom
| |||
|
Trade and vocational schools, colleges
|
1 per 100 SFGFA
| |||
|
Churches, synagogues and temples
|
1 per every 4 seats used for services
| |||
|
Libraries and museums, social, fraternal clubs
and lodges and similar uses`
|
1 per 300 SFGFA
| |||
|
Recreation, amusement and entertainment
| ||||
|
Bowling alleys, skating rinks, indoor athletic
or exercise facilities and similar uses
|
1 per every 3 persons of fully utilized design
capacity (if measurable in such fashion), otherwise 1 per 200 SFGFA
| |||
|
Movie theaters, stadiums and similar uses with
seating accommodations
|
1 per every 4 seats
| |||
|
Public and private out- door recreation facil-
ities such as golf courses, swimming pools and similar uses
|
1 per 200 SFGFA, plus 1 per every 3 persons
of fully utilized design capacity
| |||
|
Hospitals, clinics and other medical treatment
facilities
|
2 per bed or 1 per 150 SFGFA, whichever is greater
| |||
|
Restaurants, bars, taverns and other eating
establish- ments
|
1 per 100 SFGFA, plus reservoir lane capacity
equal to 5 spaces per drive-in window
| |||
|
Vehicle related uses
| ||||
|
Sales, service, repair
|
1 per 200 SFGFA
| |||
|
Gas sales
|
1 per 200 SFGFA, plus sufficient parking area
at pumps which does not interfere with other required spaces
| |||
|
Car wash
|
1 per 100 SFGFA, plus 2 reservoir spaces in
front of each stall for self- serve and 5 reservoir spaces for conveyor
type
| |||
|
Warehousing and storage
|
1 per 4,000 SFGFA
| |||
|
Miscellaneous uses
| ||||
|
Veterinary
|
1 per 200 SFGFA
| |||
|
Open air sales
|
1 per 1,000 square feet of lot area used for
display or sales
| |||
|
Nursery schools and day care
|
1 per 200 SFGFA
| |||
|
Greenhouses
|
1 per 200 SFGFA
| |||
|
Emergency services
|
1 per 200 SFGFA
| |||
|
Junk and scrap yards
|
1 per 200 SFGFA
| |||
|
Post office
|
1 per 200 SFGFA
| |||
|
NOTE: "SFGFA" means "square feet of gross floor
area." Gross floor area is the sum of the total horizontal areas of
the several floors of a building measured from the exterior face of
exterior walls or from the center line of a wall separating two (2)
buildings, but not including interior parking spaces, loading space
for vehicles or any space where the floor-to-ceiling height is less
than six (6) feet.
| ||||
(5)
For uses not specifically provided above, the Borough
Council, with the recommendation of the Planning Commission, shall
determine the required number of spaces based upon the similarity
of the proposed use to the uses provided.
G.
Loading and unloading areas. In addition to the off-street
parking spaces required above, the Borough Council, with the recommendation
of the Planning Commission, may for conditional uses, or the Zoning
Hearing Board for special exceptions may, require the developer of
any building erected, converted or enlarged in any district for commercial,
office building, hotel, motel, restaurant, manufacturing, wholesale,
hospital or other nonresidential uses to provide adequate off-street
areas for loading and unloading of vehicles. In cases where the use
is located in the I Industrial District, the loading space shall be
a minimum of thirty-five (35) feet in depth and twelve (12) feet in
width, with an overhead clearance of fourteen (14) feet. In no case
where a building is erected, converted or enlarged for commercial,
manufacturing or business purposes shall any public right-of-way be
used for loading or unloading of materials.
H.
Access to off-street parking and loading areas. There
shall be adequate provisions for ingress and egress to all parking
and loading spaces designed for use by employees, customers, delivery
services, salespeople and/or the general public. Where a parking or
loading area does not abut on a public right-of-way or private alley
or easement of access, there shall be provided an access drive not
less than twelve (12) feet in width per lane of traffic and not less
than eighteen (18) feet in width in all cases where the access is
to storage areas or loading and unloading spaces required hereunder.
Access to and from all off-street parking, loading and vehicle service
areas along public rights-of-way shall consist of well-defined separate
or common entrances and exits and shall comply with the following
provisions:
(1)
Access drive design and sight distance for access
to borough and state roads shall comply with the standards contained
in the most current edition of PA Code Title 67, Transportation, Chapter
441, Access to and Occupancy to Highways by Driveways and Local Roads.
(2)
Each entrance and exit shall be clearly defined with
curbing, fencing, landscaping or vegetative screening so as to prevent
access to the area from other than the defined entrance and exit.
I.
Parking and loading area setbacks. All parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public right-of-way or adjoining property lines by a buffer area at least five (5) feet in depth unless said area is shared in accord with Subsection L. All access drives and parking lots serving multifamily dwellings and nonresidential uses shall be at least five (5) feet from any building on the lot.
J.
Surfacing. Any off-street parking area shall be graded
for proper drainage and shall be surfaced so as to provide a durable
and dustless surface, such as a gravel, concrete or bituminous concrete
surface, and shall be so arranged as to provide for orderly and safe
parking and storage of vehicles.
K.
Off-lot parking. When required accessory off-street
parking facilities are provided elsewhere than on the lot on which
the principal use is located, they shall be under the same control,
either by deed or long-term lease, as the property occupied by such
principal use, and the owner shall be bound by covenants of record
filed in the office of the County Recorder of Deeds requiring the
owner and his or her heirs and assigns to maintain the required number
of off-street parking spaces during the existence of said principal
use.
L.
Joint use parking. In cases where two (2) principal uses share a common property line, shared parking facilities may be utilized. Applications for joint parking shall be considered conditional uses. The arrangement for joint use parking shall be provided by deed restriction for the portion of each parcel included in the shared arrangement. The joint use parking area may span the common property line, thereby eliminating the setback required in Subsection I. The standards in Subsection F for number of spaces to be provided shall apply to joint use parking. To the extent that principal uses operate at different times, the same spaces may be credited to both uses. (Example: If a church parking lot is generally occupied only to ten percent (10%) of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)
M.
Existing parking areas. No existing parking area or
any off-street parking shall be eliminated, reduced in size or otherwise
altered so that any use is served by less parking than is required
by this chapter. Any such change shall require conditional use approval.
N.
Parking for residential use. Off-street parking shall be provided in accord with this § 124-18 for all residential uses in all districts.
O.
Parking and storage of certain vehicles. Automotive
vehicles, boats or trailers of any kind or type without current license
plates shall not be parked or stored on any public street or any required
front yard of any residentially zoned property.
The Matamoras Floodplain Development Ordinance
(Borough Ordinance No. 202)[1] shall apply to all zoning districts; and all uses, structures
and buildings shall comply with the standards of said ordinance, in
addition to the requirements of this chapter.
The following performance standards shall apply to all commercial, manufacturing and other nonresidential uses. (As used in this § 124-20, "borough" shall mean the Borough Council for conditional uses and the Zoning Hearing Board for special exceptions.)
A.
Yards and buffers. Unless otherwise regulated by this
chapter, where a commercial or manufacturing use is proposed contiguous
to any existing residential use or any R-1 or R-2 District, side and
rear yard setbacks shall be increased to ten (10) feet. Storage of
equipment, supplies, products or any other materials shall not be
permitted in any front, rear or side yard setback areas. Additional
setbacks, buffer areas or fencing may be required by the borough if
the nature of the proposed use as determined by the borough so requires.
In the case of a conditional use or special exception, the borough
may require landscaped buffers in any yard in order to assure the
protection of adjoining uses by providing visual barriers that block
the glare of lights, reduce noise, serve as a protective barrier by
blocking physical passage to dangerous areas and reduce air pollution,
dust and litter and to otherwise maintain and protect the rural character
of the district.
(1)
In determining the type and extent of the buffer required,
the borough shall take into consideration the design of the project
structure(s) and site, topographic features which may provide natural
buffering, existing natural vegetation and the relationship of the
proposed project to adjoining areas.
(2)
The width of the required buffer, as determined by
the borough, shall not be less than twenty percent (20%) of the required
setback distances.
(3)
A mix of ground cover and shrubbery vegetation and
canopy trees of such variety compatible with the local climate may
be required so that a dense screen not less than four (4) feet in
height will be formed within three (3) years of planting.
(4)
Berms and landscaped walls or fences compatible with
the principal building design may be incorporated in the required
buffer.
(5)
In any case, special consideration shall be given
to existing residential uses and sites where residential uses are
likely to be developed. In cases where the adjoining use is a commercial
use or when two (2) or more adjacent properties are developed under
a common site plan, the width and density of the buffer may be reduced
if the borough shall determine that the proposed use and adjoining
use(s) are not incompatible.
(6)
Design details of buffers shall be included on the
site plan, and buffers shall be considered improvements for the purposes
of guaranteeing installation in accord with the requirements for land
developments in the Borough Subdivision and Land Development Ordinance.[1] It shall be the responsibility of the property owner to
maintain all buffers in good condition and to replace any dying or
dead plants or deteriorating landscape material.
B.
Operations and storage. All facilities and operations
of the principal use, including the storage of raw material, finished
products, fuel, machinery and equipment and any other materials or
supplies, shall be enclosed and carried out within a building or shall,
as required by the borough, be provided with larger setbacks and/or
buffers to afford protection to adjoining uses and any public road
rights-of-way. Storage of materials, supplies or products in motor
vehicles, truck trailers or other containers normally used to transport
materials shall not be permitted.
C.
Fire and explosion hazards. All activities involving
any manufacturing, production, storage, transfer or disposal of inflammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion, and adequate fire-fighting
and fire suppression equipment and devices standard in the industry
shall be required. Burning of waste materials in open fires is prohibited.
The relevant provisions of federal, state and local laws and regulations
shall also apply. Details of the potential hazards and details of
planned safety and accident response actions shall be provided by
the developer for review by the local fire company(s). In the case
of a conditional use or special exception, additional buffer areas
or fencing may be required by the borough if the nature of the proposed
use as determined by the borough so requires.
D.
Radioactivity or electric disturbance. No activities
shall be permitted which exceed federal standards for radioactivity
emissions or electrical disturbance adversely affecting the operation
of any equipment other than that of the creator of such disturbance.
All applicable federal regulations shall apply.
E.
Noise. Any noise source which, due to intensity, frequency, duration, location, lack of shielding or other reason which causes injury, damage, hurt, inconvenience, annoyance, or discomfort to others in the legitimate use and enjoyment of their rights of person or property shall be prohibited. Noise shall comply with Matamoras Borough Code Chapter 78, Nuisances, § 78-12.
[Amended 12-3-2002 by Ord. No. 270]
F.
Vibration. No vibration shall be permitted which is
detectable without instruments at the property line.
G.
Lighting and glare.
(1)
No light source shall be exposed to the eye except
those covered by globes or defusers. Other lighting shall be indirect
or surrounded by a shade to hide visibility of the light source. Lighting
design should be an inherent part of the architectural design. All
streets, off-street parking areas and areas of intensive pedestrian
use shall be adequately lighted. Appropriate lighting fixtures shall
be provided for walkways and to identify steps, ramps and directional
signs. The applicant shall provide the specifications of the proposed
lighting and its arrangement on the site; and all required lighting
shall be considered improvements for the purpose of regulation by
the Borough Subdivision and Land Development Ordinance.[2]
(2)
No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes such as combustion or welding or
otherwise, shall be permitted so as to be visible at the property
line. This restriction shall not apply to signs otherwise permitted
by the provisions of this chapter.
H.
Smoke. No emission shall be permitted from any chimney
or otherwise of visible gray smoke of a shade equal to or darker than
No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill
Publishing Company, Inc., and copyright 1954.
I.
Odors. No emission shall be permitted of odorous gases
or other odorous matter in such quantities as to be readily detectable
without instruments at the property line of the parcel from which
the odors are emitted.
J.
Other forms of air pollution. No emission of fly ash,
dust, fumes, vapors, gases and other forms of air pollution shall
be permitted which can cause any damage to health, to animals, vegetation
or other forms of property or which can cause any excessive soiling.
K.
Surface and ground water protection.
(1)
All activities involving the possible contamination
of surface or ground water shall be provided with adequate safety
devices to prevent such contamination. Details of the potential hazards
(including the groundwater characteristics of the area in which the
use is proposed) and details of planned safety devices and contamination
response actions shall be provided by the developer. In the case of
a conditional use or special exception, the borough may require a
plan to be submitted for review and approval and may require security
for ensuring contamination response. Monitoring wells and water quality
testing may also be required by the borough.
(2)
The developer shall also provide details about the
use of groundwater and any processes that could result in the depletion
of groundwater supplies. No use shall be permitted which would result
in the depletion of ground water supplies.
L.
Landscaping. Any part or portion of a site where existing
vegetation has been disturbed and which is not used for building,
other structures, loading or parking spaces and aisles, sidewalks,
designated storage areas or other improvements shall be provided with
an all-season ground cover and shall be landscaped in accord with
an overall landscape plan. In the case of a conditional use or special
exception, additional landscaping, screening and/or buffers may be
required by the borough where buffers are determined by the borough
as necessary to protect adjoining uses. Said landscaping plan shall
be submitted for review and approval by the borough as part of the
zoning approval process.
M.
Stormwater management and soil erosion control.
(1)
A stormwater management plan and soil erosion control
plan shall be provided by the applicant. Said plan shall be prepared
and implemented pursuant to the standards contained in the Borough
Subdivision Ordinance,[3] County Conservation District standards and generally accepted
engineering principles appropriate for the proposed use and a ten-year
design storm. Upon the recommendation of the Borough Engineer, a twenty-five-year
or greater design storm, if topographic, soil or other considerations
so dictate, and/or additional controls may be required.
(2)
The protection of the quality of groundwater and surface
water shall be an integral part of all proposed stormwater management
practices; and all stormwater management plans shall include an element
specifically addressing water quality. The plan shall provide for
the minimization of the discharge of first flush sediments off the
project site or directly to infiltration structures. Containment of
first flush sediments shall be accomplished by accepted and proven
engineering design and practice, including but not limited to the
use of grass buffer/filter strips, grass swales, detention basins,
sediment traps and special inlet devices.
N.
Waste materials. No liquid, solid, toxic or hazardous
waste shall be stored or disposed in any commercial area, either above
or below ground level, except for the temporary storage thereof pending
removal from the premises. Such temporary storage and handling of
waste shall be in a designated area and shall be conducted in compliance
with all applicable state and federal regulations in order to prevent
any water, soil or air contamination and shall be screened from view
of adjoining properties and any public road right-of-way by fencing
or other buffers. In addition, no waste discharge is permitted into
any reservoir, sewage or stormwater disposal system, stream, open
body of water or onto the ground.
O.
Handicapped access. Access for handicapped persons
to all uses shall be provided in accord with all applicable state
and federal requirements.
P.
Sewage disposal. All uses and expansion of uses shall
be provided with adequate sewage disposal facilities in accord with
all applicable Pennsylvania Department of Environmental Resources
(PADER) and borough standards.
Q.
Water supply. All uses and expansion of uses shall
be connected to the borough public water supply system.
R.
Other regulations. Documentation shall be provided
by the applicant demonstrating that the project complies with all
other applicable local, state and federal regulations, and said proposal
has obtained all required permits, certifications and authorizations,
including but not limited to the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Resources, the Pennsylvania
Department of Labor and Industry, the Federal Emergency Management
Agency and the United States Environmental Protection Agency.
[Added 5-5-2002 by Ord. No. 264]
The following regulations shall apply to commercial
communications devices (CCD), including but not limited to cellular
phone antennas, antennas for communications service regulated by the
PA Public Utility Commission, other commercial antennas and associated
facilities. Such CCD and support structures and associated facilities
shall be permitted only in the districts as provided on the Schedule
of Uses in this chapter[1] and this § 124-21.
A.
Purposes:
(1)
To accommodate the need for communications devices
while regulating their location and number in the Borough in recognition
of the need to protect the public health, safety and welfare.
(2)
To minimize the adverse visual effects of communications
devices and support structures through proper design, siting and vegetative
screening.
(3)
To avoid potential damage to adjacent properties from
communications device support structure failure and falling ice, through
engineering and proper siting of support structures.
(4)
To encourage the joint use of any commercial communications
device support structures and to reduce the number of such structures
needed in the fixture.
B.
Use regulations. A permit shall be required for every
CCD and support structure installed at any locations, and the following
use regulations shall apply:
(1)
Existing tall structures. A CCD site with a CCD that
is attached to an existing communications tower or other tall structure
in the allowed districts where the height of the CCD does not exceed
the height of the existing structure by more than 15 feet shall be
permitted in all the districts as an accessory use, and conditional
use approval shall not be required. Any subsequent installations above
the initial fifteen-foot height increase shall be a conditional use.
The applicant shall provide the following information:
(a)
Evidence from a Pennsylvania-registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure to document
compliance with the applicable requirements.
(c)
Evidence of agreements and/or easements necessary
to provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the CCD
and associated equipment can be accomplished.
(2)
New structures; conditional use. A CCD site with a CCD that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall require conditional use approval in accord with this § 124-21 and shall be permitted only in the allowed districts.
(3)
Associated use. All other uses ancillary to the CCD
(including business office, maintenance depot, vehicle storage, etc.)
are prohibited from the CCD site, unless otherwise permitted and approved
in the zoning district in which the CCD site is located. This shall
not prohibit the installation, as accessory structures, of equipment
containers not intended for human occupancy to house only equipment
necessary for the operation of the CCD.
(4)
CCD as a second principal use. A CCD shall be permitted
on a property with an existing use subject to the following land development
standards:
(a)
The CCD facility shall be fully automated and
unattended on a daily basis and shall be visited only for periodic
maintenance.
(b)
The minimum lot area, minimum setbacks and maximum
height required by this chapter for the CCD and support structure
shall apply, and the land remaining for accommodation of the existing
principal use(s) on the lot shall also continue to comply with the
minimum lot area, density and other requirements.
(c)
The vehicular access to the equipment building
shall, whenever feasible, be provided along the circulation driveways
of the existing use.
(d)
The applicant shall present documentation that
the owner of the property has granted an easement filed of record
or other legal interest for the land for the proposed facility and
that vehicular access is provided to the facility.
C.
Standards.
(1)
Location requirement and number. The applicant shall
demonstrate, using technological evidence that the CCD must go where
it is proposed, in order to satisfy its function in the company's
grid system. The applicant shall also provide information about the
location of the other proposed CCD sites anticipated in the grid system.
The number of CCD to be installed at a site by an applicant shall
not exceed the current minimum necessary to ensure the adequacy of
current service required by the Federal Communications Commission
(FCC) license held by that applicant The applicant must document the
need for the additional CCD to ensure the adequacy of current service.
(2)
Collocation; new tower. If the applicant proposes
to build a tower (as opposed to mounting the CCD on an existing structure),
the Borough shall require the applicant to demonstrate that it contacted,
in writing, owners of tall structures within an eight-mile radius
of the site proposed, asked for permission to install the CCD on those
structures, and was denied for reasons other than economic ones. This
would include smokestacks, water towers, tall buildings, CCD support
structures of other cellular phone companies, other communications
towers (fire, police, etc.) and other tall structures. The Borough
may deny the application to construct a new tower if the applicant
has not made a good-faith effort to mount the CCD on an existing structure,
thereby documenting that there exists no other support structure which
an reasonably serve the needs of the owner of the proposed CCD. A
good-faith effort shall demonstrate that one or more of the following
reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished.
(b)
The proposed equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented.
(c)
Such existing structures do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
Addition of the proposed equipment would result
in electromagnetic radiation from such structure exceeding applicable
standards established by the FCC governing human exposure to electromagnetic
radiation.
(e)
A market-competitive agreement could not be
reached with the owners of such structures.
(3)
CCD height. The applicant shall demonstrate the CCD is at the height required to function satisfactorily and is no taller than necessary for the use and any other potential users as determined in Subsection C(8) below. The Borough may, as a condition of approval, require the CCD support structure to be designed and constructed to be stackable (structurally capable of being increased in height) to a height that will assure that additional carriers can be accommodated if such additional height is required in the future.
(4)
Parcel size; setbacks. If a new CCD support structure is constructed or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the minimum parcel size and setbacks in this Subsection C(4) shall apply.
(a)
Separate parcel. If the CCD is manned and/or
the parcel on which the CCD and support structure is a separate and
distinct parcel, the zoning district minimum lot size shall apply
and the setback for equipment containers, other accessory structures
and guy wire anchors shall be a minimum of 25 feet. The distance between
the base of the support structure and any adjoining property line
or public road right-of-way shall not be less than the height of the
CCD structure. The lot shall be of such size that all required setbacks
are satisfied.
(b)
Lease, license or easement. If the CCD is unmanned
and the land on which the CCD and support structure is leased, or
used by license or easement, the setback for any part of the CCD,
the support structure, equipment containers, or any other accessory
structures, and guy wire anchors shall be a minimum of 25 feet from
the line of lease, license or easement. The distance between the base
of the support structure and any adjoining property line (not lease,
license or easement line) shall not be less than the height of the
CCD structure, and the distance between the base of the support structure
and a public road right-of-way shall not be less than 50 feet.
[Amended 3-1-2005 by Ord. No. 278]
(5)
CCD support structure safety. The applicant shall
demonstrate that the proposed CCD and support structure are safe and
the surrounding areas will not be negatively affected by support structure
failure, falling ice or other debris, electromagnetic fields, or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by manufacturers. The applicant
shall submit certification from a Pennsylvania registered professional
engineer that a proposed CCD and support structure will be designed
and constructed in accordance with current Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures, published
by the Electrical Industrial Association/Telecommunications Industry
Association, and applicable requirements of any applicable building
code. Within 45 days of initial operation, the owner and/or operator
of the CCD and support structure shall provide a certification from
a Pennsylvania-registered professional engineer that the CCD and support
structure comply with all applicable regulations.
(6)
Fencing. A fence to provide an effective barrier to
prevent entry to the facility shall be required around the CCD support
structure and other equipment, unless the CCD is mounted on an existing
structure. The fence shall be a minimum of eight feet in height. The
applicant shall supply keys to emergency responders to provide access
in case of emergency.
(7)
Performance standards. The performance standards listed in § 124-20 of this chapter shall be applicable to this section.
(8)
Collocation; other uses. In order to reduce the number
of CCD support structures needed in the community in the future, the
proposed support structure shall be required to accommodate other
users, including but not limited to other cellular phone companies,
and local fire, police, emergency management, and ambulance companies.
The applicant shall show evidence of written contract with all wireless
service providers who supply service within the region for purpose
of assessing the feasibility of collocated facilities. The applicant
shall provide a report detailing the number and type of carriers which
can be accommodated on the proposed structure, including the anticipated
height requirements of other potential users. The proposed structure,
if evidenced by need as determined by the Borough, shall be constructed,
including increased height, to provide available capacity at reasonable
cost for other providers should there be a future additional need
for such facilities. The Borough may, as a condition of approval,
require the CCD support structure to be designed and constructed to
be stackable (structurally capable of being increased in height) to
a height that will assure that additional carriers can be accommodated
if such additional height is required in the future.
(9)
Licenses; other regulations; insurance. The applicant
must demonstrate that it has obtained the required licenses from the
FCC, the PA Public Utility Commission and other agencies. The applicant
shall also document compliance with all applicable state and federal
regulations. The applicant shall submit the name, address, and emergency
telephone number for the operator of the CCD, and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence, and property damage coverage in the
minimum amount of $1,000,000 per occurrence covering the CCD and support
structure.
(10)
Access; required parking. The applicant must comply with the requirements of § 124-18, Off-street parking and loading, in this chapter.
(11)
Color and lighting; FAA and PennDOT notice.
CCD support structures under 200 feet in height should be painted
silver or have a galvanized finish retained, in order to reduce visual
impact. Support structures may be painted green up to the height of
nearby trees. Support structures 200 feet in height or taller, or
those subject to Federal Aviation Administration (FAA) regulations
shall comply with the said regulations. No CCD support structure may
be artificially lighted except in accord with FAA requirements. The
applicant shall provide a copy of the response to Notice of Proposed
Construction or Alteration forms submitted to the FAA and PennDOT
Bureau of Aviation, and the CCD and support structure shall comply
with all FAA and PennDOT requirements.
(12)
Communications interference. The applicant shall
document that the radio, television, telephone or reception of similar
signals for nearby properties will not be disturbed or diminished.
(13)
Historic structures. A CCD shall not be located
on a building or structure that is listed on a historic register or
within 500 feet of such a structure.
(14)
Discontinued use; bond.
(a)
Should any CCD or support structure cease to
be used as a communications facility, the owner or operator or then
owner of the land on which the CCD and support structure is located
shall be required to remove the same within one year from the abandonment
of use. Failure to do so shall authorize the Borough to remove the
facility and assess the cost of removal to the foregoing parties.
The Borough may also file a municipal lien against the land to recover
costs of removal and attorney's fees. In the case where there is no
separate parcel, the lien shall be against the entire parent parcel
of land upon which the CCD and/or support structure is located by
lease, license or easement.
(b)
The operator of every CCD shall provide a bond
to cover the cost of CCD and associated equipment removal. Nothing
herein shall legally bind the governing body to effect the removal
of any CCD, which shall remain the ultimate responsibility of the
owner of the property upon which the CCD is located and the owner
of the CCD.
[1]
Amount. The amount of the bond shall be established
by the governing body based upon size and nature of the proposed facility,
but in no case shall the amount be less than $20,000.
[2]
Form. The bond shall be executed by a surety
company authorized by the laws of the Commonwealth of Pennsylvania
to transact business within the Commonwealth of Pennsylvania
[3]
Term; annual renewal. The bond shall be executed
in favor of the Borough and shall be for the use of the Borough. The
term of the bond shall be for one year, with automatic renewal.
[4]
It shall be the condition of the bond that if the applicant does not fully observe and comply with the provisions of this § 124-21 and any other applicable approvals or regulations, the governing body shall have authority to use such bond to effect the required compliance and/or removal of the CCD.
(15)
Fire suppression system. The applicant shall
provide details about any fire suppression system installed in any
structure or equipment container associated with the CCD. The applicant
shall provide the Fire Department of the Borough with the appropriate
fire-fighting and suppression materials.
(16)
Site plan. A full site plan shall be required for all CCD and support structure sites, showing the CCD, CCD support structure, building, fencing, buffering, access, and all other items required by § 124-44 of this chapter governing information required for conditional uses. The site plan shall not be required if the CCD is to be mounted on an existing structure and the CCD does not exceed the height of the existing structure by more than 15 feet.
D.
Mini cell towers and antennas, distributed antenna systems and data
collection units shall be special exceptions in all zones and in public
rights-of-way.
[Added 5-9-2017 by Ord. No. 331]
(1)
General:
(a)
Purpose. Mini commercial cell towers, including related antennas,
shall be permitted in order to support distributed antenna systems
(DAS).
(b)
Locations. Mini commercial cell towers and/or related antennas
shall be permitted on public property, private property, and public
rights-of-way, subject to the conditions specified herein.
(2)
Application requirements.
(a)
Submission requirements. The following shall be in addition
to all other applicable application requirements specified herein:
[1]
Coverage map and general information. A narrative description
and a map showing the coverage area of the provider's existing
facilities that serve customers in the Borough and the specific site
that is the subject of the application.
[2]
A statement of the telecommunications objectives for the proposed
location, whether the proposed facility is necessary to prevent or
fill a significant gap or capacity shortfall in the applicant's
service area, whether it is the least obtrusive means of doing so,
and whether there are any alternative sites that would have fewer
aesthetic impacts while providing comparable service.
[3]
A copy of a sworn statement by an authorized representative
that the applicant holds all applicable licenses or other approvals
required by the Federal Communications Commission (FCC), the Pennsylvania
Public Utility Commission and any other agency of the federal or state
government with authority to regulate telecommunications facilities
that are required in order for the applicant to construct the proposed
facility.
[4]
A copy of a sworn statement by an authorized representative
that the applicant is in compliance with all conditions required for
such license and approvals.
[5]
A description of the number, type, power rating, frequency range,
and dimensions of all wireless telecommunications facilities proposed
to be installed.
[6]
A site plan and elevations drawn to scale. Plans shall include
microcell or roof-mounted antennas and all related equipment. Elevations
shall include all structures on which facilities are to be mounted.
[7]
A description of the proposals for camouflaging all facilities
from public view so that the facilities will not be rendered readily
visible. Where any facility or part thereof would be readily visible,
the application shall explain why it can't be made not readily
visible. Demonstration that the proposed methods will achieve the
desired effect of minimizing visibility.
[8]
If a ground-mounted or freestanding tower is proposed, the application
shall include an explanation as to why other, less obtrusive facility
types are not feasible.
[9]
The applicant shall also include an agreement to pay the reasonable
actual cost of peer review by a professional engineer to review the
test information submitted with the application.
(b)
Review and approval process.
[1]
The Borough must take action on the application within 150 days
from its submission.
[2]
If the application only involves adding an antenna to an existing
pole, action must be taken within 90 days.
[3]
No application shall be denied if the effect of such denial
would preclude telecommunications service to the subject area.
(3)
Location requirements.
(a)
A mini commercial cell tower may be erected within a public
right-of-way if, in addition to other requirements, the Pennsylvania
Public Utility Commission has issued a certificate of public convenience
for its location; and, provided further, that it shall be determined
by the Borough that it shall not interfere with other utilities, visibility,
or other matters of public safety.
(b)
Such facility may be located in the right-of-way of a state
highway, approved by the Pennsylvania Department of Transportation
(PennDOT).
(c)
Such facilities shall not be located in residential zones unless
there is evidence supporting the need for service.
(d)
No freestanding facilities shall be located within 1,000 feet
of other freestanding facilities unless they have been rendered not
readily visible, and mounting on a building or co-location is determined
to be infeasible.
(4)
Height and size limits. Facilities shall be the minimum functional
height and width required to support the proposed antenna installation,
unless a higher tower will facilitate co-location or other objectives
of this chapter; provided, however, that no mini commercial cell tower
shall exceed a height of 50 feet, and no attached antenna shall extend
more than five feet above the top of the tower.
(5)
Aesthetics.
(a)
The facility shall not be an eyesore.
(b)
All facilities shall be designed and located to minimize their
visibility to the greatest extent feasible, considering the technological
requirements, by means of placement, screening, and camouflage. The
applicant shall use the smallest and least visible antennas feasible
to accomplish the owner operator's coverage or capacity objectives.
All wireless telecommunications facilities proposed for locations
where they would be readily visible from the public right-of-way or
from the habitable living areas within 100 feet shall incorporate
appropriate techniques to camouflage or disguise the facility, and
blend it into the surrounding environment, to the greatest extent
feasible.
(6)
Lighting. All facility lighting shall be designed to meet, but not
exceed, minimum requirements for security, safety, and FAA regulations,
and in all instances shall be designed to avoid glare and minimize
the illumination of adjacent properties. Beacon lighting shall not
be included in the design of facilities unless required by the FAA.
[1]
The Schedule of Uses is included at the end
of this chapter as Appendix Nos. 1 through 7.
Individual, private, family yard sales shall
be considered an accessory use in association with a permitted residential
use and shall be permitted in all zoning districts. Yard sales shall
comply with all the applicable requirements of this chapter and with
the requirements of the Matamoras Borough Yard Sale Control Ordinance,
as amended. Yard sales are meant to allow individuals to offer for
sale accumulated normal household items or arts and crafts; and the
buying and selling of commercial or surplus material shall be considered
a commercial operation and shall be prohibited except in districts
where such commercial use is permitted and only in accord with the
requirements of this chapter.
Gasoline service stations shall be subject to
the following conditions:
A.
Plans shall be presented detailing traffic flow within
the station, points of ingress and egress and probable effects on
local traffic flow. Ingress and egress points shall not be located
closer than one hundred (100) feet of any intersection.
B.
Service station operation shall be limited to sales
and minor repairs.
C.
All vehicle and parts storage areas shall be so designed
and located as not to intrude into any required yard setback area.
Yard areas adjacent to residential districts shall be suitably screened.
D.
Main or accessory buildings shall not be located closer
than fifty (50) feet to any residential district.
E.
No lighting provided shall produce glare visible to
adjoining residences.
F.
The minimum lot area shall be ten thousand (10,000)
square feet.
Car washes shall be subject to the following
conditions:
A.
Automatic, semiautomatic or self-service car washes
shall be limited to cleaning or waxing vehicles and shall be carried
out only within an enclosed building.
B.
The lot shall be so graded that process water shall
not run off across the lot or onto a public street.
C.
The car wash shall be designed to specifications provided
by the Borough Engineer and shall meet all requirements of the Pennsylvania
Department of Environmental Resources.
D.
The lot area shall be sufficient to provide space
for the building, required yards, drives and storage area.
E.
Automobile storage or waiting space shall be provided
at the rate of not fewer than five (5) vehicles for each bay in a
self-service car wash and not fewer than ten (10) vehicles for each
space or rated capacity within an automatic or semiautomatic car wash.
F.
All vehicle storage spaces shall be designed and located
so as not to intrude into any required yards. Main or accessory buildings
shall not be located closer than fifty (50) feet to any residential
district.
G.
All lot lines adjoining residential areas shall be
adequately screened.
H.
Lighting provided shall not produce glare on adjoining
properties.
I.
Hours of operation shall be limited so as not to inconvenience
residents on adjoining properties during normal sleeping hours.
It is the intent of this section to establish
minimum standards for the erection of dwelling units in the borough
in order to protect the public health, safety and general welfare
and to maintain the character of the community.
A.
Foundations. All dwelling units shall be placed upon
a complete, permanent, frost-free foundation consisting of a full
basement or crawl space.
B.
Floor space. Single-family dwellings and two-family
dwellings shall contain a minimum of six hundred (600) square feet
of interior gross floor area per dwelling unit, excluding basement
and accessory structures.
A.
Districts permitted. Two-family dwellings are considered
principal permitted uses in the R-2, C-1, C-2 and I Districts.
B.
Common wall. In cases where the two-family dwelling
is a duplex involving a common (i.e., party) wall and common property
line, said wall shall be located on the common property line separating
the adjoining lots. Each lot shall meet the district minimum lot size
requirements and front, rear and other side yards shall be maintained
as required for the applicable district.
C.
Over/under units. In cases where the two-family dwelling
consists of two (2) dwelling units constructed with one (1) unit located
on the second floor above a first floor dwelling unit, the lot size
shall be the same as for a single-family residence in the same district
and required district front, side and rear yards shall be maintained.
If such a two-family dwelling is proposed on two (2) or more separate
lots of record, said lots shall be combined into one (1) lot prior
to the issuance of a zoning permit.
E.
Sewage disposal. Documentation shall be provided by
the applicant that adequate sewage disposal will be provided in accord
with borough and PADER requirements.
A.
General provisions.
(1)
Multifamily dwellings are considered conditional uses in the R-2, C-1 and C-2 Districts in order to provide the opportunity for the development of a variety of housing types in the borough. In addition to the conditional use standards set forth in § 124-44 of this chapter and all other applicable standards, the following standards shall apply to multifamily dwellings.
(2)
Multifamily dwellings shall be considered major subdivisions
and land developments subject to the borough subdivision and land
development regulations.[1] This major subdivision classification shall apply to all
subdivision of property in connection with the development, regardless
of whether or not the same are connected with building development,
and the approvals required shall be requested and acted upon concurrently
as one (1) subdivision. Application for preliminary approval of multifamily
dwelling projects, accordingly, will be made to the Borough Planning
Commission in the manner provided in the subdivision regulations.
The developer shall also submit all information required by said regulations
in addition to the following additional information:
(a)
An application for multifamily dwelling conditional use by a letter or brief from the developer indicating how the development will specifically meet the conditional use standards contained in § 124-44 of this chapter.
(b)
A proposed plot plan showing all necessary information,
to include, at a minimum, location of all buildings and improvements
including roads, parking areas, planting strips, signs, overall grading
plan with storm drainage facilities, water supply and distribution
systems, sewage treatment and collection systems and the specific
areas provided as open space pursuant to the requirements of this
chapter. Building layouts, floor plans and profiles shall also be
provided, indicating building dimensions, numbers and sizes of units,
common ownership or use areas, lighting and such other information
as shall be required to determine compliance with the design standards
contained herein and any other building standards which may be applicable
in the borough. Setbacks from property lines, improvements and other
buildings shall also be specifically shown.
(c)
A schedule or plan for the purpose of dedicating,
in perpetuity, the exclusive use and/or ownership of the open space
required by this chapter to the prospective dwelling owners or occupants.
Such agreement may be incorporated in the applicant's proposed covenants
and restrictions, but shall in any event provide to the satisfaction
of the borough that maintenance and use of the property, regardless
of ownership, be restricted to either activities intended for the
sole benefit of the occupants of the particular project proposed or
permanent open space as hereinafter provided.
B.
Permitted uses. Multifamily dwelling buildings shall
consist solely of residential dwelling units, rental office, recreational
and parking facilities. However, coin-operated washing and drying
machines and vending machines for food, beverages, newspapers or cigarettes
located inside the building shall be permitted, provided that these
are for the tenants' use only. Sample apartments or townhouses for
display purposes shall be permitted for each type of construction.
C.
Water and sewer systems. The proposed development
shall be served by the borough water supply and a sewage disposal
system approved by the Department of Environmental Resources.
D.
Area and bulk regulations. All multifamily dwelling developments shall conform to all of the requirements in this § 124-27D:
|
Townhouses1
|
Apartment
Buildings
| ||
|---|---|---|---|
|
Minimum gross lot area (acres)
|
0.5
|
0.5
| |
|
Minimum lot depth to width ratio
|
4:1
|
4:1
| |
|
Minimum side yard (feet)
|
302
|
30
| |
|
Minimum rear yard (feet)
|
30
|
30
| |
|
Minimum front yard (feet)
|
30
|
30
| |
|
Distance between buildings
|
See § 124-27E(2)
| ||
|
Maximum dwelling units per gross acre
|
8
|
10
| |
|
Minimum usable open space devoted solely to
recreational use and activities
|
10% of the tract3
|
10% of the tract3
| |
|
Maximum height
|
3 stories, but not greater than 30 feet
| ||
|
Maximum number of units per building
|
6
|
8
| |
|
NOTES:
| |||
|---|---|---|---|
|
1
|
Minimum width of a townhouse dwelling shall
be twenty (20) feet per unit.
| ||
|
2
|
Applies to end building only.
| ||
|
3
|
Usable open space shall not include front, side
and/or rear yards of an individual building.
| ||
E.
Design requirements. All multifamily dwelling developments shall conform to all of the requirements in this § 124-27E.
(1)
The developer should vary architectural treatments
within apartment projects, between individual apartments and between
dwelling units in a townhouse development. Variations may include
those of exterior elevation, building setbacks, provision of balconies,
architectural details, pitch of roof, exterior materials or use of
color. Variety and flexibility in design layout and arrangement of
buildings, parking areas, services, recreation areas, common open
space and planting that fully considers the particular physical characteristics
of the site and natural amenities is highly desired.
(2)
The horizontal distance between any multifamily buildings
shall be not less than the height of the highest adjoining building,
but in no case less than twenty (20) feet.
(3)
Access and service shall be provided in the front of each townhouse. Parking may be provided on the lot, as carports, as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs. (See also § 124-18.)
(4)
Usable open space devoted to recreational use as herein
required shall be designed for use by tenants of the development and
shall be improved and equipped by the developer in accordance with
plans submitted to and approved by the Borough Council.
(5)
In the event that a development is designed to contain
more than one (1) permitted use, the plan submitted shall indicate
an area designation for each such use, and all requirements of this
chapter for each area so designated shall be met.
F.
Parking facilities.
(1)
Number of spaces. Off-street parking, whether garage
or on-lot, shall be provided on the premises at the rate of two (2)
spaces for each dwelling unit.
(2)
Requirements for parking lots shall conform to the applicable requirements of § 124-18 of this chapter.
(3)
Site requirements.
(a)
Entrance and exit drives and interior access
roads shall be designed so vehicles entering or leaving the site cannot
be blocked.
(b)
Entrance and exit drives shall have a minimum
width of twelve (12) feet for each lane of traffic entering or leaving
the site, but shall at no time exceed thirty (30) feet in width.
H.
Lighting. Lighting for buildings, accessways and parking
areas shall be so arranged as not to reflect toward public streets
or cause any annoyance to building occupants or surrounding property
owners or residents.
I.
Storage of trash and rubbish. Exterior storage areas
for trash and rubbish shall be well-screened on three (3) sides and
the trash and rubbish contained in covered, vermin-proof containers.
Interior storage areas for trash and rubbish shall at all times be
kept in an orderly and sanitary condition.
J.
Conversions of existing structures. Conversions of any existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alteration, shall also be considered conditional uses and, moreover, be subject to the provisions of this § 124-27, including but not limited to density requirements. (See also § 124-28.)
K.
Common property ownership and maintenance.
(1)
In cases where the ownership of common property is
involved, evidence of arrangements for the continuous ownership and
maintenance of the same shall be provided by the developer for approval
by the borough. This shall specifically include but not be limited
to provisions dealing with the ownership and maintenance of open space,
improvements and utilities. Said arrangement shall indemnify the borough
of any responsibility associated with the same. The developer shall
also submit evidence of compliance with the Pennsylvania Condominium
Law[2] or an attorney's opinion that said law does not apply
to the subject project.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(2)
If a property owners' association is proposed, it
shall be governed by the following requirements:
(a)
The association shall be formed by and with
the financial assistance of the developer, if necessary, prior to
the sale of any lots or units.
(b)
Membership in the organization shall be mandatory
for all owners in the project and their successors.
(c)
The association shall be responsible for maintaining,
insuring and paying taxes on common property, and costs of the same
shall be shared equitably by the members in accord with the bylaws
and procedures established by the association.
(d)
Such staff or services as are necessary to maintain
and administer common property and facilities shall be provided by
the association.
Any conversion of any building to a residential
use or the conversion of any dwelling to accommodate additional dwelling
units shall be considered a conditional use and, in addition to the
other applicable standards in this chapter, the standards in this
section shall apply.
A.
General requirements. The conversion of any building
into a dwelling or the conversion of any dwelling so as to accommodate
an increased number of dwelling units or families shall be permitted
only within a district in which a new building for similar occupancy
would be permitted under this chapter and only when the resulting
occupancy will comply with the requirements governing new construction
in such district with respect to dwelling unit, living space, lot
coverage, dimensions of yards and other applicable standards.
B.
Structural alterations. If the proposed project involves
structural alterations, the application shall include a certification
of a registered architect or engineer that the existing building is
structurally sound and that the proposed conversion will not impair
its structural integrity.
D.
Sewage disposal. Documentation shall be provided by
the applicant that adequate sewage disposal will be provided in accord
with borough and PADER requirements.
Residential/commercial mixed uses in a single
principal structure are considered conditional uses in the C-1 and
C-2 Districts in accord with the following and all other applicable
standards in this chapter.
Adult businesses shall not be permitted in the
Borough of Matamoras. Said uses are prohibited due to the rural small
town character of the borough and said uses are not logically or sensibly
needed in the area. Said uses are more logically and sensibly provided
in areas that are more urbanized or are in the path of urbanization
and are thereby suited for adult businesses.
[Added 3-3-2009 by Ord.
No. 307]
It is the purpose of this section to eliminate the further construction
and operation of outdoor furnaces within the limits of the Borough
of Matamoras for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare and prosperity of the
Borough and its inhabitants. It is generally recognized that the types
of fuel used, and the scale and duration of the burning of such furnaces,
create noxious and hazardous smoke, soot, fumes, odor, air pollution,
particles and other products of combustion that can be detrimental
to citizens' health and can deprive neighboring residents of
the enjoyment of their property or premises. Consideration has been
given to the sizes of residential lots within the Borough, the density
of structures, the proximity of houses to one another, and the predominance
of wooden structures.
A.
OUTDOOR FURNACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment, device, apparatus or structure, or any part
thereof, which is installed, affixed or situated outdoors for the
purpose of combustion of any type of fuel to produce heat or energy
used as a component of a heating system providing heat for an interior
space or water source. Specifically excepted herefrom is the use of
electric generators for temporary use during periods of electrical
stoppage or lack of access to utility-based power.
B.
Regulations.
(1)
After the effective date of this section, outdoor furnaces shall
be prohibited and shall not be installed or maintained within the
Borough of Matamoras except as provided herein.
(2)
Any existing chimney stack shall be at least 20 feet or at least
two feet above the roofline of the highest structure within 200 feet,
whichever is higher when installed. Said chimney stack shall also
have a spark arrestor installed on top.
(3)
This section shall not be construed to be retroactive and shall
not require the removal of any outdoor furnace in existence within
the Borough of Matamoras at the effective date of this section.
(4)
For any existing outdoor furnace primarily designed for burning
wood or other solid material, no fuel other than natural wood without
additive, wood pellets without additive and agricultural seeds in
their natural state may be burned. Processed wood products and other
nonwood products, recyclable materials, plastics, rubber, paper products,
garbage and painted or treated wood are prohibited.
(5)
Outdoor furnaces are prohibited to burn between June 1 and August
30.
(6)
Outdoor furnaces and associated installation shall be subject
to inspection by the Zoning Enforcement Office and Building Codes
Enforcement Officer at any reasonable time to assure compliance with
the terms hereof.
(7)
Any existing outdoor furnace installation is subject to the
permit provisions of the Zoning and Building Code Ordinance, and including
compliance with all applicable state and federal statutes, including
the Environmental Protection Agency (EPA) and the Underwriters Laboratories
(UL) Listing.
(8)
Nothing contained herein shall authorize the maintaining of
existing installation that is a public or private nuisance, regardless
of compliance herewith.
(9)
If any sentence, clause, section, or part of this section is,
for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of the section. It is hereby declared as the intent of the
Borough Council of the Borough of Matamoras that this section would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
(10)
If an external (outdoor) fuel-burning device or appliance is
more than 50% torn down, physically deteriorated, or decayed, any
rebuilding or restoration of said external (outdoor) fuel-burning
device or appliance shall be a violation of this section.
(11)
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $500, pursuant to § 124-43. Every day that a violation of this section continues shall constitute a separate offense.
(12)
This section shall be incorporated into and be part of the Zoning
Ordinance of the Borough of Matamoras, effective immediately.
